Economic and Social Council

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1 United Nations Economic and Social Council ECE/MP.PP/2014/2/Add.1 Distr.: General 15 October 2014 Original: English Economic Commission for Europe Meeting of the to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters Fifth session Maastricht, the Netherlands, 30 June and 1 July 2014 Contents Decisions GE (E) Report of the fifth session of the Meeting of the Addendum Decisions adopted by the Meeting of the V/1. Access to information... 3 V/2. Public participation in decision-making... 5 V/3. Promoting effective access to justice... 7 V/4. Promoting the application of the principles of the Convention in international forums... 9 V/5. Strategic Plan for Annex: Strategic Plan for V/6. Work programme for Annex I: Draft work programme for Annex II: Estimated costs of activities of the work areas proposed in the work programme for Annex III: Overview of extrabudgetary staff needs to be covered from the Convention trust fund V/7. Financial arrangements under the Convention... 48

2 V/8. Reporting requirements V/9. General issues of compliance V/9a. Compliance by Armenia V/9b. Compliance by Austria V/9c. Compliance by Belarus V/9d. Compliance by Bulgaria V/9e. Compliance by Croatia V/9f. Compliance by the Czech Republic V/9g. Compliance by the European Union V/9h. Compliance by Germany V/9i. Compliance by Kazakhstan V/9j. Compliance by Romania V/9k. Compliance by Spain V/9l. Compliance by Turkmenistan V/9m. Compliance by Ukraine V/9n. Compliance by the United Kingdom of Great Britain and Northern Ireland

3 Decision V/1 on access to information The Meeting of the, Recalling the provisions of articles 4 and 5 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), Further recalling its decisions I/6, II/3 and III/2 on electronic information tools and the clearinghouse mechanism and decision IV/1 on access to information, as well the relevant objectives of the Strategic Plan for as adopted through decision V/5 and the relevant sections of the Work Programme for as adopted through decision V/6, Recognizing the need to further the implementation of the first pillar of the Convention (articles 4 and 5) so as to provide effective public access to environmental information and actively disseminate it to the public, including through electronic information tools, Underlining the importance of the Aarhus Clearinghouse for Environmental Democracy as an effective global mechanism to share knowledge and practices related to principle 10 of the Rio Declaration on Environment and Development, Having reviewed the reports of the Task Force on Access to Information (ECE/MP.PP/WG.1/2013/5 and ECE/MP.PP/WG.1/2014/4), 1. Notes with appreciation the work undertaken by the Task Force on Access to Information and expresses its gratitude to the Republic of Moldova for its leadership of the Task Force; 2. Welcomes initiatives by, Signatories and other stakeholders to improve public accessibility of environmental information, including through electronic information tools and e-government 1 and open government data 2 initiatives, which promote effective implementation of articles 4 and 5 of the Convention; 3. Invites, Signatories and, where in a position to do so, other stakeholders to continue strengthening implementation of the information pillar of the Convention at the national level; 4. Calls on, Signatories, international organizations, non-governmental organizations and other stakeholders to continue contributing resources to the Aarhus Clearinghouse and online databases and welcomes the further development of the Aarhus Clearinghouse and other electronic tools under the Convention; 5. Also calls on, Signatories, international organizations, non-governmental organizations and other stakeholders to further application of the recommendations in decision II/3 to promote the wider use of electronic information tools as an effective instrument for putting into practice the Convention s provisions, including 1 E-government initiatives encompass activities of the public authorities to deploy information and communication technologies for improving knowledge and information in the service of the public. 2 Open government data initiatives encompass activities to make information or data produced or commissioned by governments available for everyone to access, reuse and redistribute without any restrictions. 3

4 through public-private partnerships, 3 and to contribute to the Aarhus Clearinghouse and online databases; 6. Stresses the important role of Aarhus Centres, the media, public libraries and other information sites in facilitating public access to environmental information; 7. Decides to extend in time the mandate of the Task Force on Access to Information, under the authority of the Working Group of the to the Convention, to carry out work in cooperation with other international forums, taking into consideration the relevant activities being undertaken by, Signatories and other stakeholders; 8. Welcomes the offer of the Republic of Moldova to continue to lead the Task Force on Access to Information; 9. Requests the Task Force on Access to Information, subject to the availability of resources, to: (a) Promote the exchange of information, experiences, challenges and good practices, as well as to discuss possible further developments and strengthening of public access to environmental information with regard to the following issues, including: (i) The scope of environmental information, the provision of environmental information by the different public authorities, the associated costs and the quality and comparability of the environmental information; (ii) The application of restrictions on access to environmental information in accordance with the Convention s provisions; (b) Continue monitoring and supporting the implementation of the recommendations in decision II/3 and the development of the Shared Environmental Information System across the region, as well as to promoting approaches to and standards for active dissemination of environmental information; (c) Identify capacity-building needs and priorities with respect to public access to environmental information, taking into account issues of a systemic nature, identified through the reporting and compliance mechanisms; (d) Continue monitoring technical developments and, where appropriate, contribute to other initiatives relevant to access to environmental information; (e) Continue contributing to further development of the Aarhus Clearinghouse for Environmental Democracy and PRTR.net; 10. Invites, Signatories, other interested States and international and other organizations to participate in the Convention s activities on access to information and to allocate resources for this matter as far as possible; 11. Entrusts the secretariat, subject to the availability of resources, to participate in and implement, as appropriate, capacity-building activities, including workshops and trainings; to contribute to relevant initiatives under other forums; and to promote electronic information tools in the region and beyond through the maintenance and further development of the Aarhus Clearinghouse, media tools and online databases (e.g., for jurisprudence, national implementation reports and case studies on public participation at the national level and in international forums). 3 A public-private partnership is a scheme that involves cooperation between the public and the private sector aiming at financing, designing, implementing and operating public sector infrastructure and services supporting the implementation of the Convention. 4

5 Decision V/2 on public participation in decision-making The Meeting of the, Recalling the provisions of articles 6, 7 and 8 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and the provisions of article 6 bis of the amendment to the Convention on public participation in decisions on the deliberate release into the environment and placing on the market of genetically modified organisms, Further recalling its decisions EMP.II/1 on public participation in decision-making, decision V/5 on the strategic plan for and V/6 on the work programme for , Mindful that the 2011 cycle of national implementation reports, the findings of the Compliance Committee and the work carried out under the auspices of the Task Force on Public Participation in Decision-making to date have collectively shown that challenges remain to the full implementation of the second pillar of the Convention across the region, Recognizing the vital role played by the Task Force on Public Participation in Decision-making in bringing together experts from governments, civil society and other stakeholders to exchange experiences regarding those challenges and to explore possible good practices to address them, Welcoming the important contribution to furthering the implementation of the second pillar played by organizations engaged in capacity-building at the national and subregional levels, Welcoming also the work of Aarhus Centres in several countries as platforms to facilitate public participation by providing environmental information, raising public awareness, promoting participatory debate on environmental policies, programmes and projects and providing assistance to members of the public in exercising their rights, Underlining the need to further the implementation of the second pillar of the Convention (articles 6, 7 and 8, and eventually 6 bis) so as to provide for more effective public participation in decision-making in environmental matters, 1. Notes with appreciation the work undertaken by the Task Force on Public Participation in Decision-making and expresses its gratitude to Ireland for its leadership of the Task Force; 2. Takes note of the Maastricht recommendations on promoting effective public participation in decision-making (ECE/MP.PP/2014/8) developed under the auspices of the Task Force, and invites, Signatories, other interested States and stakeholders to use them as a guidance to improve implementation of the second pillar of the Convention; 3. Welcomes initiatives taken by, Signatories, international organizations, non-governmental organizations, research institutes and other stakeholders to study good practices, examine practical means of promoting more effective public participation in environmental decision-making and share their findings and experience, and encourages further activities to this end; 4. Requests the secretariat to make information on such activities as widely accessible as possible through the Aarhus Good Practice database and other online tools; 5. Invites, Signatories, international organizations, non-governmental organizations and other stakeholders to strengthen implementation of the public participation pillar of the Convention at the national level and where possible to make resources available for this purpose; 5

6 6. Invites organizations engaged in capacity-building to consider developing training programmes at the national and subregional levels for public officials involved in the day-to-day task of carrying out public participation procedures covered by articles 6, 7 and 8 of the Convention; 7. Invites researchers focusing on participatory processes and environmental decision-making to use the resources gathered under the auspices of the Task Force in their research, and also to share the results of their research with the Task Force; 8. Encourages, Signatories, other interested States, international organizations, non-governmental organizations, research institutes and other stakeholders to participate in the activities under the Convention on public participation in decision-making and to allocate sufficient resources for this matter; 9. Decides to extend in time the mandate of the Task Force on Public Participation in Decision-making, under the authority of the Working Group of the to the Convention, to carry out further work, taking into consideration the relevant work being undertaken by, Signatories and other stakeholders; 10. Welcomes the offer of Italy to lead the Task Force on Public Participation in Decision-making; 11. Requests the Task Force, subject to the availability of resources, to undertake the following tasks: (a) Continue working to strengthen the implementation of the public participation provisions of the Convention; (b) Continue working to identify the main obstacles to effective public participation in all types of decision-making within the scope of articles 6, 7 and 8 of the Convention at the national, provincial and local levels, including barriers to participation for non-governmental organizations, the general public and marginalized groups, and taking into account, inter alia, the national implementation reports, the findings of the Compliance Committee, other relevant assessments and the experiences of the public; (c) Continue working to exchange good practices to address the main obstacles to the full implementation of the second pillar of the Convention, including, inter alia, the different types of decisions and decision-making covered by the Convention and the implications for public participation of different decision-making methods, also through the gathering of experiences from and stakeholders regarding the application of the Maastricht recommendations on promoting effective public participation in decisionmaking; (d) Continue working to identify innovative practices that facilitate more effective public participation without entailing additional significant financial or human resources on the part of public authorities; (e) Continue to oversee the collection and dissemination of good practices in public participation in decision-making through the Aarhus Good Practice online database; (f) While taking care to allow sufficient time to address the implementation of articles 6, 7 and 8 generally, investigate possibilities for focusing in greater depth on collaboration with relevant partner organizations, as appropriate, on implementation of the Convention s public participation requirements in decision-making in those fields of activity considered to be of particularly high priority at the current time, for example, decision-making for sustainable development; climate change-related decision-making; energy-related planning; and, if resources allow, decision-making on the extractive sector; chemicals; emerging technologies (e.g., nanotechnology); and product-related decisionmaking; 6

7 (g) Assess the Convention s provisions on public participation in decisionmaking having a significant impact on the environment, encompassing, inter alia, sustainable development, and consider options for a possible follow-up identified through the assessment. Decision V/3 on promoting effective access to justice The Meeting of the, Recalling the provisions of article 9 of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Also recalling the eighth and ninth preambular paragraphs of the Convention, Further recalling its decisions I/5, II/2, III/3 and IV/2 on promoting effective access to justice, Noting the relevant objectives of the Strategic Plan for as adopted through decision V/5, and the relevant sections of the Work Programme for as adopted through decision V/6, Having reviewed the reports of the Task Force on Access to Justice (ECE/MP.PP/WG.1/2012/5; ECE/MP.PP/WG.1/2014/5; ECE/MP.PP/2014/5), 1. Recognizes the challenges faced by in implementing the third pillar of the Convention (article 9), and the need for further considerable efforts to achieve effective access to justice; 2. Notes with appreciation the work undertaken by the Task Force on Access to Justice; 3. Expresses its gratitude to Sweden for its leadership of the Task Force; 4. Welcomes capacity-building initiatives by, Signatories and international organizations and other stakeholders aimed at promoting more effective implementation of article 9 of the Convention and encourages them, as appropriate, to undertake such initiatives in the next intersessional period; 5. Expresses its appreciation to the, Signatories and other stakeholders for contributing material to the online jurisprudence database concerning the Convention, and encourages, Signatories and other stakeholders, including judges, legal professionals and academics, to use and promote the database and to further contribute to its expansion and improvement; 6. Encourages Governments to provide the public with information on access to administrative and judicial review procedures, including through electronic information tools, to ensure public access to relevant decisions of courts and other bodies, and to share their experiences in implementing e-justice initiatives; 4 7. Stresses the significant role of national and international associations of judges, prosecutors and other legal professionals, and in particular of judicial training institutions, as well as the substantial role of public interest lawyers and non-governmental organizations, with regard to information exchange and capacity-building, and invites Governments to support their activities 4 E-justice initiatives include the use of information and communication technologies to improve public access to justice and other types of activities involving the resolution of disputes. 7

8 8. Encourages Governments to stimulate a multi-stakeholder dialogue aiming at removing as the case may be, barriers to access to justice, involving the different ministries and agencies responsible, inter alia, for national policies on environment, justice, education, the judiciary, constitutional courts, ombudsmen, bar associations, public interest lawyers and non-governmental organizations, and to share these experiences within the activities of the Task Force; 9. Encourages to integrate to the extent possible the issue of access to justice in environmental matters into the curriculum of law faculties, public administration and judicial training institutions and other relevant institutions supporting the implementation of the Convention; 10. Invites, Signatories and international and national organizations to cooperate and avoid duplication of activities in information exchange, the organization of training events and other capacity-building activities for the judiciary and other legal professionals at the national and international levels; 11. Decides to extend in time the mandate of the Task Force on Access to Justice, under the authority of the Working Group of the to the Convention, to carry out further work in relation to the implementation of the Convention, taking into consideration the relevant activities being undertaken by, Signatories and other stakeholders; 12. Welcomes the offer of Sweden to continue to lead the work of the Task Force; 13. Requests the Task Force, subject to the availability of resources, to undertake the following work: (a) To promote the exchange of information, experiences, challenges and good practices relating to the implementation of the third pillar of the Convention, on such issues as costs, remedies, scope of review, timeliness, protection against persecution and harassment; (b) To identify priority needs with respect to public access to justice in environmental matters, to take stock of capacity-building initiatives taking place in the region and beyond, and to promote the involvement of associations of judges, public interest lawyers and other legal professionals in these initiatives; (c) As resources allow, to prepare analytical, guidance and training materials to support the work in the above subparagraphs (a) and (b); (d) To promote understanding and the use of relevant findings of the Compliance Committee of a systemic nature; 14. Entrusts the secretariat, subject to availability of resources, to undertake the following work: (a) To participate in, plan and implement, as appropriate, capacity-building activities, including workshops and trainings related to access to justice, to be organized in cooperation with relevant partner organizations; (b) To expand, in cooperation with the Task Force, the web portal for the exchange of jurisprudence concerning the Convention; 15. Invites the, Signatories and international and other organizations to participate in the Convention s activities on access to justice, and to allocate funds for this matter; 8

9 16. Requests the, Signatories and other interested States to facilitate the involvement in relevant activities under the Convention of representatives of ministries of justice, the judiciary, judicial training institutions and other organizations having a strong profile in access to justice issues. Decision V/4 on promoting the application of the principles of the Convention in international forums The Meeting of the, Recalling article 3, paragraph 7, of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), Recalling also its decisions II/4, III/4 and IV/3 on promoting the principles of the Convention in international forums, decision V/5 on the Strategic Plan for and decision V/6 on the Work Programme for , Mindful of the importance of increasing understanding of the challenges faced and the good practices employed by international forums with respect to public participation, through further sharing experience gained under the Convention with international forums, Welcoming the increasing number of requests from interested international forums seeking expert assistance from the secretariat and on this topic, Acknowledging the progress made by, international organizations, international financial institutions, non-governmental organizations and other stakeholders in promoting the application of the Convention s principles, Recognizing that expert assistance is an important powerful tool for the promoting the principles of the Convention and sharing the considerable experience accumulated under the Aarhus Convention in an efficient and direct manner, Also recognizing the valuable work that has been done to implement article 3, paragraph 7, while acknowledging the considerable challenges still to be addressed to fully implement this provision, 1. Notes with appreciation the work undertaken under the auspices of the Working Group of the, which has provided a true multi-stakeholder platform for effectively addressing a number of important issues; 2. Expresses its gratitude to France for its ongoing leadership of this work area; 3. Reiterates its commitment to continue to apply the Almaty Guidelines on Promoting the Application of the Principles of the Aarhus Convention in international forums (Almaty Guidelines) (contained in decision II/4) within the activities and subsidiary bodies established under the Convention; 4. Decides to continue the work on promoting the application of the principles of the Convention in international forums under the authority of the Working Group of the ; 5. Requests each Party to: (a) Further actions to promote public participation at the national level regarding international environmental decision-making processes and take appropriate actions within the framework of international organizations in matters relating to the environment, bearing in mind relevant provisions of the Almaty Guidelines; 9

10 (b) Interact within and between its ministries to inform officials involved in other relevant international forums about article 3, paragraph 7, of the Convention and the Almaty Guidelines; (c) Consider innovative ways to improve its own public s access to information and participation in international forums and share their experience with other ; (d) Continue, either individually or in collaboration with other, Signatories or like-minded Governments, to promote the principles of the Convention in the procedures of other international forums and in the work programmes, projects, decisions, instruments and other substantive outputs of those forums whose practices do not presently reflect the Guidelines or the principles of the Convention; (e) Consider providing expert assistance to other interested, Signatories or Governments on possible good practices to facilitate the public to participate more effectively in international forums, including when hosting important international events; 6. Requests the Working Group of the : (a) To convene regularly, on a needs basis, a thematic session on promoting the principles of the Convention in international forums as an item on the agenda of its meetings with a view to providing opportunities for, Signatories and stakeholders to exchange experiences in the context of promoting the application of the principles of the Convention with respect to those international forums within the definition of paragraph 4 of the Almaty Guidelines identified by or stakeholders to be of particular priority; (b) If it considers that one or more specific issues merit more in-depth consideration, to convene, on an ad hoc basis, a workshop or other event on that theme, and/or mandate a consultant or group of experts to examine the subject matter and to report on their findings to the Working Group of the ; (c) To oversee the collection and dissemination of good practices and innovative initiatives to promote the principles of the Convention through the Aarhus Good Practice online database; (d) Subject to available resources, undertake a global review of the state of the art with respect to participatory tools and mechanisms for consulting the public on international decision-making and to share the outcomes of the review with, stakeholders and interested international forums; 7. Requests the secretariat to provide upon request expert assistance, including, as appropriate, commenting on draft documents and expert participation at meetings or events organized by international forums, training sessions, workshops, learning centres or other platforms: (a) To interested international forums seeking to make their processes more transparent and participatory; (b) To individual wishing to put in place tools or mechanisms to assist the public to participate more effectively in international forums, including when hosting an important conference of any international forum; 8. Invites, Signatories, international and other organizations to continue supporting the implementation of article 3, paragraph 7, of the Convention: (a) At the national level, by supporting the participation of the public before, during and in the follow-up to meetings and events of international forums; (b) At the international level, by supporting international forums to promote more effective public participation in their projects, processes and policies; 10

11 (c) By supporting the activities of the Convention s work programme on this topic, including the secretariat s expert assistance and capacity-building work, in order that it may respond usefully to the expected ongoing demand; 9. Welcomes the offer of France to continue to lead the work on promoting the application of the principles of the Convention in international forums. Decision V/5 on the Strategic Plan for The Meeting of the, Recalling its decision IV/8 on strategic planning, through which it requested the Working Group of the to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, with the assistance of the secretariat and the appropriate involvement of the public, to develop a strategic plan for the Convention covering the period , based on the experiences and results of the implementation of the current Strategic Plan , for consideration and adoption at the fifth Meeting of the, Welcoming the work undertaken by the Working Group of the and the Bureau, under the leadership of the Chair, to develop a draft plan, 1. Adopts the Strategic Plan for as set out in the annex to this decision; 2. Agrees that the Plan will guide the implementation and further development of the Convention up until the seventh session of the Meeting of the ; 3. Also agrees that a mid-term review of the Strategic Plan for should be considered at the sixth session of the Meeting of the, focusing in particular on the progress indicators, which would facilitate the preparation of the next strategic plan. Annex Strategic Plan for Introduction 1. Environmental rights and democracy are essential elements of good governance and informed decision-making and a prerequisite for achieving the objective of sustainable development. Since the adoption of the Rio Declaration on Environment and Development in 1992, and continuing through the 2002 World Summit on Sustainable Development and the 2012 United Nations Conference on Sustainable Development (Rio+20 Conference), there has been a continued reinforcement of environmental democracy worldwide and progress in recognizing the economic benefits of sustainability, as well as the potential opportunities it presents for society as a whole. The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) strongly contributed to putting Principle 10 of the Rio Declaration into practice and has proved an effective tool for promoting effective governance and green economy. 2. Through their ratification of the Convention, 46 5 countries from throughout Europe, the Caucasus and Central Asia as well as the European Union have committed themselves to ensure that they have in place adequate laws and practices relating to access to 5 To be updated in the light of possible new ratifications. 11

12 information, public participation and access to justice in the environmental field. Furthermore, initiatives have been taken by to promote the Convention and its principles globally and to encourage interested non- to participate in its activities. 3. Nonetheless, significant problems remain. The national implementation reports, coupled with the experience gathered through the work of the Convention s compliance mechanism and task forces, indicate that implementation of the access to justice provisions of the Convention appears to be the most difficult area for. Although report that they have elaborated legislation on most aspects relating to access to information and public participation, implementation of these provisions has also proven challenging in some countries. 4. The Strategic Plan for set out in the present document gives priority to securing effective implementation by, while recognizing the need to promote the lessons learned and the experience of in all countries that wish to accede to the Convention or to replicate its achievements. Furthermore, it acknowledges the necessity of addressing new thematic challenges within its scope. The Strategic Plan also recognizes the cornerstone role of civil society in protecting the environment and promoting sustainable development and the green economy. The document outlines the overall aspiration of for 2020, while priorities for specific periods will be defined in greater detail in the respective work programmes and will take into account the financial resources available. I. Vision and mission 5. Worldwide, social, economic and environmental challenges are becoming increasingly complex and interrelated. This fact should not, however, discourage the public from involvement in decision-making and Governments must provide the necessary stimulus, tools, information and assistance to enable transparent decision-making processes in order to ensure informed, balanced and effective public participation. Making decisions and decision-making processes fully accountable to the public whom they should serve should become an essential, and not only procedural, matter. Furthermore, Governments should recognize that the Convention establishes the grounds for future developments and should endeavour to raise the accepted international standards in the future, based upon experience with higher standards on the domestic level. 6. The economic and social value of the environment and the environmental impacts of today s actions should be fully reflected in all decisions at the policy, strategic and project levels, particularly in the light of the increasing pressures put on resources by rapid global economic development and population growth. The social dimension of sustainable development is also closely linked to public participation in decision-making. 7. Our long-term mission is to minimize the depletion of environmental resources that should remain for future generations and to ensure sustainable and environmentally sound development through strengthening participatory environmental democracy in the United Nations Economic Commission for Europe (ECE) region and beyond. 8. Our immediate mission is: (a) As a first priority, to work towards full implementation of the Convention by each Party where this has not already been achieved and to encourage and support its use by the public; (b) To increase the impact of the Convention by increasing the number of within the ECE region and by encouraging States outside the region to accede to the Convention, replicate it or implement its principles, and by promoting Principle 10 of the Rio Declaration on Environment and Development; 12

13 (c) To keep the provisions and principles of the Convention under constant review and consider forward-looking interpretations of the Convention and its further development so as to ensure that it continues responding to modern challenges and provides an adequate instrument to achieve its objectives. 9. This vision and mission are part of our broader aspiration to achieve a more equitable world and a better quality of life for all. II. Roles and responsibilities 10. should play a proactive role in promoting and facilitating the implementation of the Strategic Plan in their countries and in multilateral processes under the Convention. They should assess and regularly follow up its implementation at all levels of governance. In this context it should be understood that includes all relevant public authorities at the national, subnational and local levels (responsible for, e.g., environment, justice, water, agriculture, transport, industry, health, education and foreign issues). Focal points could contribute, as appropriate, to the implementation of the Strategic Plan. 11. Stakeholders, including the general public, civil society organizations, experts from the education and scientific sectors, the health sector, the private sector, industry, transport and agriculture, trade and labour unions, the mass media, various communities, indigenous peoples and international organizations, are encouraged to support implementation of the Strategic Plan. Civil society organizations promoting environmental protection have an important role in implementation by alerting the public to its rights and by supporting Governments in understanding and acting upon their obligations. 12. The secretariat facilitates implementation of the Strategic Plan through servicing the Convention s bodies, organizing regional and subregional capacity-building activities and undertaking advisory and promotion work. III. Framework for implementation A. Focal area I: Implementation Strategic goal I Full implementation of the Convention by each Party To achieve full implementation of the Convention by each Party, will implement the objectives set out below as far as possible. Objective I.1: Each Party has a clear, transparent and consistent framework for the implementation of all provisions of the Convention, comprising not only the necessary constitutional, legislative and regulatory provisions, but also the operational procedures and mechanisms required for their practical application both in a national context as well as in transboundary situations, without discrimination as to citizenship, nationality or domicile. National Identify and remediate any deficiencies in the implementation framework to ensure that adequate legislative, regulatory and, partner organizations, a stakeholders Adequate legislative, regulatory and policy measures, and institutional mechanisms are in place. 13

14 policy measures, and institutional mechanisms are in place. All activities are to be implemented through a participatory process, such as a robust consultation in the preparation of the National Implementation Report (NIR). A participatory mechanism, such as a robust consultation in the preparation of the NIR, to monitor progress in the implementation of the Aarhus Convention is operational. Good quality and timely submitted NIRs. Good practices are reported through NIRs. International b Strengthen capacities to implement the Convention and address obstacles to its implementation through the compliance mechanism, sharing good practices and developing guidance material. Meeting of the and relevant Convention bodies c and the secretariat The objective is adequately addressed through the work of the respective Convention bodies (e.g., good practices have been shared and relevant guidance material has been developed). Effective implementation of decisions regarding non-compliance. a Wherever reference is made to partner organizations, it is understood that the organizations participating in the Convention s capacity-building coordination framework and other relevant organizations will be involved. b Refers to multilateral processes established under the Convention. c Activities of the Meeting of the and other bodies under the Convention also involve stakeholders. Objective I.2: The Convention s mechanism for compliance review fulfils the role of an effective instrument to address compliance problems that cannot be resolved at the national level. The findings and recommendations of the Compliance Committee are regarded by as an authoritative source of advice on the implementation of the Convention and are used by them to improve their national practices in the best way possible. National Implement effectively the decisions regarding noncompliance by individual adopted by the Meeting of the. Having a system in place to monitor the implementation of decisions, involving all relevant authorities, communicants and other interested stakeholders. Interested stakeholders Having a system in place for monitoring the implementation of decisions. Decisions of the Meeting of the are implemented effectively and reported through NIRs Positive feedback from and stakeholders 14

15 International Review of submissions, communications and referrals and preparation and publication of findings and recommendations. Thematic review of generic compliance problems. Periodic review of the implementation of decisions on compliance by individual with the Convention adopted by the Meeting of the. Meeting of the, Compliance Committee Secretariat Adoption of the findings and recommendations by the Compliance Committee and adoption of the respective decisions by the Meeting of the. Positive feedback from and stakeholders. Objective I.3: The reporting mechanism under the Convention fulfils the role of an effective instrument to monitor the Convention s implementation National Preparing national implementation report through wide multistakeholder consultations. International Review of the implementation. Interested stakeholders Meeting of the, Compliance Committee Secretariat Good quality reports have been prepared through wide multi-stakeholder consultations. Timely submission of good quality reports. Good quality synthesis report is drawn up with the major conclusions drawn from the submitted NIRs. Objective I.4: In implementing the Convention, each Party not only complies with its mandatory provisions, but also endeavours to give effect to its provisions whose application is discretionary. National Develop adequate legislation, regulations and implement required measures. Pilot projects. Stakeholders Adequate legislation and regulations are developed and the required measures are taken. 15

16 International Pilot projects are implemented. Positive feedback from and stakeholders. Good practices are reported through NIRs. Strengthening capacities through sharing good practices and developing guidance material. Meeting of the, relevant Convention bodies and the secretariat The objective is adequately addressed through the work of the respective Convention bodies (e.g., good practices have been shared and relevant guidance material has been developed). Objective I.5: Environmental education is widely available and promotes active and responsible behaviour among the public as regards the environment, including the exercise of the rights guaranteed by the Convention. National Addressing provisions and principles of the Aarhus Convention through formal, informal and non-formal programmes on education for sustainable development (ESD). International, Stakeholders, in particular educational institutions, local and subnational authorities Media Civil society organizations Adequate educational programmes and curriculum. Good practices are reported through NIRs. Strengthening capacities through sharing good practices and developing guidance material. Secretariat, mostly through implementation of the ECE Strategy for ESD a Partner organizations The objective is adequately addressed through the work on the ECE Strategy for ESD and Convention bodies, as appropriate (e.g., good practices have been shared and relevant guidance material has been developed). 16

17 Objective I.6: Public authorities at all levels and in all relevant sectors of government are aware of the obligations under the Convention and allocate as far as possible the resources needed to comply with them. National Information, training, organizational and budgetary measures. Translate text of the Convention into national and subnational languages and distribute it widely; provide adequate training to all relevant staff of the authorities. Strengthening of national focal points. National capacity-building a activities. International All public authorities concerned within Stakeholders Partner organizations The required information, training, organizational and budgetary measures are taken. National focal points have capacity to carry out the required work. Resources are allocated as far as possible. Convention is translated into national and subnational languages and distributed widely. Adequate training is provided regularly to relevant staff in the authorities. Programmes for capacitybuilding activities are being implemented. Good practices are reported through NIRs. Regional and subregional capacity-building activities. Strengthening capacities through sharing good practices and developing guidance material. Partner organizations and the secretariat The objective is adequately addressed through subregional capacity-building activities (e.g., good practices have been shared and relevant guidance material has been developed) a Wherever reference is made to capacity-building activities, it is understood that the organizations participating in the Convention s capacity-building coordination framework will be involved. 17

18 Objective I.7: The implementation of the Convention leads to the development of an open administrative culture which supports public participation and transparency in environmental matters and values them as positive contributions to democratic, effective and good governance. Public officials concerned have and apply the knowledge and skills to provide assistance and guidance to the public to facilitate the exercise of its rights. National Political support at the highest level. Encourage proactive officials. Exchange of best practices and national capacity-building for officials at all levels. Regular awareness-raising. Establishing and implementing the operational procedures and mechanisms promoting an open administrative culture. All public authorities concerned within Partner organizations Programmes for capacitybuilding activities are being implemented. The operational procedures and mechanisms are established and implemented. Good practices are reported through NIRs. International Regional and subregional capacity-building activities. Sharing good practices. Partner organizations and the secretariat The objective is adequately addressed through regional and subregional capacitybuilding activities (e.g., good practices have been shared). Objective I.8: Each Party provides for appropriate recognition of and support to civil society organizations promoting environmental protection as important actors in advancing democratic debate on environmental policies, raising public awareness and mobilizing and assisting citizens in exercising their rights under the Convention and contributing to its implementation. National Identifying and remediating any deficiencies in the framework to ensure that adequate legislative, regulatory and policy measures, and institutional mechanisms are in place. National capacity-building and awareness-raising Donor institutions Partner organizations Civil society organizations Measures are implemented. Programmes for capacitybuilding and awarenessraising activities are implemented. Civil society organizations participate effectively in the related activities. 18

19 activities. Preparing and disseminating adequate resource material in national and subnational languages to assist civil society organizations in exercising their rights under the Convention. Provision of financial and expert assistance. Consideration of measures for the implementation of article 3, paragraph 8, such as whistleblower protection. Support for public interest environmental civil society organizations is being provided. Good practices are reported through NIRs. International Strengthening capacities through sharing good practices. Donor institutions Partner organizations Civil society organizations Secretariat Civil society organizations participate effectively in the activities at the international level. Good practices have been shared through regional and subregional capacity-building activities and the work of the Convention s bodies. Objective I.9: Civil society organizations and the general public are aware of their rights under the Convention and assert them to effectively engage in addressing environmental and sustainable development issues and to advance both environmental protection and good governance, thus contributing to sustainable development. National Public awareness campaigns. Support for public interest environmental civil society organizations, including environmental law organizations. Civil society organizations Partner organizations Academic Institutions Donors Measures for raising public awareness are being implemented. Support for public interest environmental civil society organizations is being provided. Good practices are reported through NIRs. 19

20 International Regional and subregional activities. Partner organizations Donors Meeting of the and relevant Convention bodies Secretariat Civil society organizations and the general public have the opportunity to participate effectively in the activities under the Convention. Access to information Objective I.10: Public authorities at all levels and in all relevant sectors of government have well-established information policies and mechanisms, under which environmental information of a high quality is routinely provided and proactively disseminated to the public in a user-friendly manner, making full use of electronic tools where available. National Further development of systems to collect environmental information, including environment-related health information. Further development of public registers, national nodes and information centres. Increasing compatibility of electronic databases containing environmental information. Implementation of recommendations adopted through decision II/3 and implementation of other decisions of the Meeting of the related to access to information. All stakeholders, including health professionals organizations Partner organizations Environmental information of a high quality is routinely provided and proactively disseminated to the public in a user-friendly manner. Good practices are reported through NIRs. Review mechanism on access to information. 20

21 International Regional and subregional capacity-building activities. Strengthening capacities through sharing good practices and developing guidance material. Meeting of the and relevant Convention bodies Secretariat The objective is adequately addressed through the work of the respective Convention bodies and through regional and subregional capacitybuilding activities (e.g., good practices have been shared and relevant guidance material has been developed). Public participation Objective I.11: Public participation procedures are regarded by public authorities and all other actors concerned as an integral part of the preparation of policies, plans, programmes, projects, legal instruments and executive regulations that may have a significant effect on the environment, and are implemented in their full scope. Prospective applicants are, where appropriate, encouraged to undertake proactive efforts to identify and inform the public concerned and enter into discussions with them at an early stage of planning, allowing for the effective participation of all interested members of the public. National Informational and organizational measures to facilitate public participation procedures. Training and other capacitybuilding activities of officials and executives in communication with the general public. Application of recommendations developed under the Convention and other decisions of the Meeting of the related to public participation. Decisions broadly reflect the public input. All authorities within responsible for carrying out public participation procedures Private sector Partner organizations Measures have been taken to ensure that effective public participation procedures are in place. Good practices are reported through NIRs. Public authorities demonstrably take account of public input. 21

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